K3 Interview - Which Consulate?

[AnnaF 0]

Dear Friends in Separation Misery:

This madness just never really ends, does it?? Even AFTER NOA2 APPROVAL!!

Our case is kinda special: my husband is a Polish citizen, but we got married in Rome, Italy (for several reasons, one of which was to escape the Polish bureaucracy and save time).

On June 8, 2007 both of our I-129F and I-130 petitions were approved; however, when I received the approval notices in the mail, only the I-129F was forwarded to NVC; the I-130 said that the petitioner is in the U.S. (which he isn't, duh!! why would we be filing the K3 application then?), and should adjust his status there.

So, it appears that we don't even have a choice as to which route to pursue, - we are stuck with K3 and then adjusting status once he is in the States.

The weirdest thing though is that on the mailed approval notice for I-129F, - it specified ROME Consulate as the place of his interview. When I checked, in Italy, the only American Consulate processing immigrant/K3 visas is IN NAPLES.

When I called NVC, they were clueless.

Why does this have to be even more complicated than it already is??

[Yodrak 7]

AnnaF,

No, you are not stuck with the K3. (But if you didn't want it then why did you begin the process for it?) And if you do chose to continue with the K3 then you are not stuck with adjusting status in the USA.

For either situation you can submit an I-824 to get the approved I-130 sent over the the NVC.

Yodrak

Dear Friends in Separation Misery:

.....

So, it appears that we don't even have a choice as to which route to pursue, - we are stuck with K3 and then adjusting status once he is in the States.

.....

[AnnaF 0]

AnnaF,

No, you are not stuck with the K3. (But if you didn't want it then why did you begin the process for it?) And if you do chose to continue with the K3 then you are not stuck with adjusting status in the USA.

For either situation you can submit an I-824 to get the approved I-130 sent over the the NVC.

Yodrak

Dear Friends in Separation Misery:

.....

So, it appears that we don't even have a choice as to which route to pursue, - we are stuck with K3 and then adjusting status once he is in the States.

.....

Thank you for your reply, Yodrak.

The reason we applied for a K3 visa was based on the assumption that it might speed up processing and shorten our separation period.

That assumption proved correct, in part.

Thanks to this wonderful website, I have learned that it is possible to change the interview at the consulate from K3 to CR1, if both applications are processed at the NVC before the interview.

Also, I learned that adjusting status may take up to 2(!!) years if pursued in the U.S. Not to mention the fee increase as of July of this year!!

This is why we think that we would like to pursue both petitions outside of the U.S. Even if he comes here on a K3, we would still prefer take a couple of days to go back to Poland for his green card interview than take the chance to wait [without SS#, not being able to work, study] for 2 years!

[Yodrak 7]

AnnaF,

Check the USCIS processing dates and the VJ timelines for your District or Sub office to get an idea of the adjustment duration in your jurisdiction. Some are quicker than others and only a few approach 2 years, although it's true that some do. In many jurisdictions the time for adjustment is likely to be less than the time for I-824 + immigrant visa application processing.

Decide befor the fee increase if you want to submit that I-824!

Yodrak

Thank you for your reply, Yodrak.

The reason we applied for a K3 visa was based on the assumption that it might speed up processing and shorten our separation period.

That assumption proved correct, in part.

Thanks to this wonderful website, I have learned that it is possible to change the interview at the consulate from K3 to CR1, if both applications are processed at the NVC before the interview.

Also, I learned that adjusting status may take up to 2(!!) years if pursued in the U.S. Not to mention the fee increase as of July of this year!!

This is why we think that we would like to pursue both petitions outside of the U.S. Even if he comes here on a K3, we would still prefer take a couple of days to go back to Poland for his green card interview than take the chance to wait [without SS#, not being able to work, study] for 2 years!